I maybe in trouble, HIPPA Violation

Nurses HIPAA

Published

It might be easier to discuss what I know about HIPPA. I am a nursing student to begin with. From what I've learned is that sharing patient information with those who are not directly involved with that patient's care is wrong. Talking about the patient even when there is no mention with names or any way to identify the patient is even wrong whether it be in an elevator or any other place.

My infraction:

In this world we now share our thoughts and beliefs with the online world, Facebook is something that so many people utilize now to stay in touch with friends and family. Unfortunately I made a posting about my experience that day in the healtch care setting. I spoked about how I got to see preocedures and aid in it, how I felt about it, the way I smelt after wards. I wrote all of that unknowingly that I was violating HIPPA because I had not mentioned names, I wasn't speaking about any specific patients it was gross because I had talked about smelling like lady parts and onions(the onions coming from my sandwhich really not the patient), I didn't mention where I was working at they were strictly reflections of my experience. The content of it was inappropriately gross but I didnt' feel like there was a violation that I had comitted. In essence it was offensive to some people and it came near the line of violating HIPPA, one of my class mates had reported me to my program coordinator and I am having to write a paper for him citing how I will correct myself and what interventions I plan on doing. My coordinator also told me that there will be a punishment that I will learn later in few days before lecture. He will discuss his interview with me to other people to decide what the punishment will be, I'm scared of being thrown out of the program or worse, delaying or not allowing me to graduate or sit for the NCLEX. I'm scared of not being able to graduate and delaying my time. What could happen to me?

"Yuck, today at work I saw maggots crawling out of someone's lady parts." (Sorry if this is too graphic.) Not a HIPAA violation because of a lack of identifying information. If, however, I posted this on FB, I may be fired as this violates my hospital's social media policy.

OTOH, I could post "Saw Icabod Issacs today. Hope I get the chance to see him under better circumstances...no when he is a patient in the ER." Generally non-offensive, but a huge HIPAA violation since personal information was disclosed.

As a rule, I never post about work on FB...nothing! Not even "Wow, I had a great day at work." Even though what you post may not be a HIPAA violation your school, employer, prospective employers, etc. may be able to see those posts and who knows how even the most innocent post may become twisted.

Unfortunately, you are incorrect. You don't have to mention a name for it to be a HIPAA violation. That is the biggest myth of HIPAA. If you read the guidelines, all you have to do is post "enough" information.

If I posted on Facebook, "Had the opportunity to take care of this wonderful patient last night, they are with the Lord now." I have my employer listed as New York General and I list my profession as a nurse.

The next day in the obituaries, there is ONE patient listed that died on the date you said you lost a patient, that died at New York General.

Congrats, everyone now knows who your patient was because you posted enough information for that particular patient to be identified.

Better to say nothing and keep your job than to say something and have to defend it.

Specializes in Allergy and Immunology.

I have a FB, but I only post a few times a year- I never post statuses. I only post statuses to thank everyone for my birthday wishes. I never post anything about work or clinicals. Thats just down right asking for it to me, even if you posted you had a good day. Its unnecessary. Just dont do it. Then you never have to worry about being called into the office or that you violated HIPAA.

Necro thread...

Hipaa wise it is kind of a gray area. The idea is that if people know where your clinicals are and you mention you have a patient with a particular illness or unique feature, someone could connect the dots and know who you are talking about. I think the bigger issue here was professionalism.

Specializes in Critical Care, Med-Surg, Psych, Geri, LTC, Tele,.

We sign a HIPAA acknowledgement agreement when we start our program. I did not sign an "unsavory Facebook posting" agreement. In order to be officially punished, I'd better have broken an official rule, or what protection to any of us have from the subjective whims of the powers that be?

Odds are the OPs program has no such rule and is hiding behind HIPAA as a loophole...

School's are insanely paranoid about two things:

HIPAA and cheating. To the point of annoying me.

^^^ what stephalump said!

This is one way I feel that the nursing profession eats its young. Why was the student told she broke a law, but told to wait to get her punishment? She broke no law and consequences should be based on policy in place.

My nursing school does things like this frequently- choosing random people to randomly "pick" on, without a fair and consistent method of enforcing the rules.

Geez Louise. Another student called you up, said "everyone is talking about you," then ratted you out to the school?

while I agree that the post was inappropriate, it sounds like the other students are nurse-bullies in the making. If it had been a crime, if a patient had been endangered, or some other type of imminent threat, then I would have definitely reported that to my superiors. But if it's something that's just lacking taste or professionalism, the tattling approach is uncalled for.

Specializes in Complex pedi to LTC/SA & now a manager.
Geez Louise. Another student called you up, said "everyone is talking about you," then ratted you out to the school?

while I agree that the post was inappropriate, it sounds like the other students are nurse-bullies in the making. If it had been a crime, if a patient had been endangered, or some other type of imminent threat, then I would have definitely reported that to my superiors. But if it's something that's just lacking taste or professionalism, the tattling approach is uncalled for.

I think after 2 1/2 years the scenario is likely resolved. Unethical and distasteful post? Yes. But unless she posted and tagged the facility (and many do sadly) not HIPAA. We will never know the resolution as the OP has not returned since February 2013.

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
:zombie:
Specializes in Psych, Addictions, SOL (Student of Life).

The facility where I currently work at has very strict rules about posting to social media - I am sure your school has these type of policies as well. It's best to keep social media for communication of non-essential fun stuff, family contact etc ------once something is on the internet it is always there weather you think it's private of not. Just don't do it.

It sounds as if you will face some consequences from this - as others have said here when you have your meeting take complete ownership of the event and circumstances, tell how you realize now how wrong it was and what you have learned from this experience and that if you are allowed to continue with the program you will never do it again.

Good luck to you

Hppy

Specializes in Complex pedi to LTC/SA & now a manager.
The facility where I currently work at has very strict rules about posting to social media - I am sure your school has these type of policies as well. It's best to keep social media for communication of non-essential fun stuff, family contact etc ------once something is on the internet it is always there weather you think it's private of not. Just don't do it.

It sounds as if you will face some consequences from this - as others have said here when you have your meeting take complete ownership of the event and circumstances, tell how you realize now how wrong it was and what you have learned from this experience and that if you are allowed to continue with the program you will never do it again.

Good luck to you

Hppy

She may have even graduated by now as the OP was last here 2.5 years ago! I'm guessing the issues& concerns have been resolved for quite some time now

Nothing like reviving a 2 year old thread,. lol.

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

LOL yes it's an old thread. Maybe someone else will read it and benefit?

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I don't see the HIPPA violation, either.

In the future, though, I think I'd be careful to keep it off FB, Twitter, or similar. People are so polarized and ready to jump on every living thing.

You've done what you can to rectify the mistake. Consider it a good lesson, move on, take the time to double check the HIPPA rules, and don't continue to punish yourself.

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